City Council

City of Petersburg City Council Virginia www.petersburgva.gov Samuel Parham, Mayor – Ward 3 Annette Smith-Lee, Vice-Mayor – Ward 6 Treska Wilson-Smith, Councilor – Ward 1 Darrin Hill, Councilor – Ward 2 Special City Council Charlie Cuthbert, Councilor – Ward 4 W. Howard Myers, Councilor– Ward 5 Meeting - January 12, 2022 Arnold Westbrook, Jr., Councilor – Ward 7 January 12, 2022 City Manager Virtual Meeting Stuart Turille 3:00 PM 1. Roll Call 2. Official Public Hearings a. A public hearing on the consideration of an Ordinance to authorize the City to receive a grant from the Virginia Department of Transportation and for the City Manager to execute an assignment and assumption agreement for the acquisition of property owned by CSX for the completion of the Appomattox River Trail. 3. Discussion/Consideration a. Consideration of approving a resolution for an MOU supporting the OAG Gun Violence Prevention Program. 4. Closed Session a. The purpose of this meeting is to convene in the closed session pursuant to §2.2-3711(A)(1) of the Code of Virginia for the purpose of discussion pertaining to the performance, assignment, and appointment of specific public employees of the City of Petersburg specifically including but not limited to discussion of the performance, assignment and appointment of a specific public officer of the City of Petersburg. 5. Adjournment Page 1 of 27  2.a. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: January 12, 2022 TO: The Honorable Mayor and Members of City Council THROUGH: Tangela Innis, Deputy City Manager Stuart Turille, City Manager FROM: Andrew Barnes RE: A public hearing on the consideration of an Ordinance to authorize the City to receive a grant from the Virginia Department of Transportation and for the City Manager to execute an assignment and assumption agreement for the acquisition of property owned by CSX for the completion of the Appomattox River Trail. PURPOSE: To authorize the city to receive a grant from the Virginia Department of Transportation and for the City Manager to execute an assignment and assumption agreement for the acquisition of property owned by CSX for the completion of the Appomattox River Trail. REASON: To authorize the city to receive a grant from the Virginia Department of Transportation and for the City Manager to execute an assignment and assumption agreement for the acquisition of property owned by CSX for the completion of the Appomattox River Trail. RECOMMENDATION: Staff recommend that City Council approve the Ordinance as proposed BACKGROUND: On August 7, 2019, the City of Petersburg entered into a Memorandum of Understanding (Exhibit A) - “the MOU” with Friends of the Lower Appomattox River, Inc., (“FOLAR”) to work with FOLAR in furtherance of their efforts to construct a 20+mile “Appomattox River Trail” that will run along the riverfront and through historic Petersburg Old Towne District. FOLAR has requested that the City serve as the recipient of certain administered by the Commonwealth of Virginia Department of Transportation to facilitate their acquisition of the necessary parcel in accordance with a “Standard Project Administration Agreement” (Exhibit C), with total project expenses estimated at $200,000.00 as depicted in “Appendix A” (Exhibit D). FOLAR has proposed that the project funding be structured as a “pass through” to enable FOLAR to serve as a subrecipient of all funds to facilitate their acquisition of the necessary land for development of the proposed trail in accordance with the MOU which is memorialized in the attached “Assignment and Assumption Agreement” (Exhibit E) which provides the City with a right of first refusal to purchase the property for $1 in the event that it ever ceases to be used as a pedestrian walking trail. COST TO CITY: N/A Page 2 of 27 BUDGETED ITEM: N/A REVENUE TO CITY: N/A CITY COUNCIL HEARING DATE: 1/12/2022 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: VDOT FOLAR CSX RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: N/A REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. AN ORDINANCE TO AUTHORIZE THE CITY TO RECEIVE A GRANT FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND FOR THE CITY MANAGER TO 2. exhibits Page 3 of 27 AN ORDINANCE TO AUTHORIZE THE CITY TO RECEIVE A GRANT FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND FOR THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT FOR THE ACQUISITION OF PROPERTY OWNED BY CSX FOR THE COMPLETION OF THE APPOMATTOX RIVER TRAIL WHEREAS, on August 7, 2019, the City of Petersburg entered into a Memorandum of Understanding (Exhibit A) - “the MOU” with Friends of the Lower Appomattox River, Inc., (“FOLAR”) to work with FOLAR in furtherance of their efforts to construct a 20+mile “Appomattox River Trail” that will run along the riverfront and through historic Petersburg Old Towne District; and WHEREAS, completion of the trail requires the acquisition of a parcel of property identified as “Parcel 75” which is currently owned by CSX (Exhibit B); and WHEREAS, FOLAR has requested that the City serve as the recipient of certain administered by the Commonwealth of Virginia Department of Transportation to facilitate their acquisition of the necessary parcel in accordance with a “Standard Project Administration Agreement” (Exhibit C), with total project expenses estimated at $200,000.00 as depicted in “Appendix A” (Exhibit D); and WHEREAS, FOLAR has proposed that the project funding be structured as a “pass through” to enable FOLAR to serve as a subrecipient of all funds to facilitate their acquisition of the necessary land for development of the proposed trail in accordance with the MOU which is memorialized in the attached “Assignment and Assumption Agreement” (Exhibit E) which provides the City with a right of first refusal to purchase the property for $1 in the event that it ever ceases to be used as a pedestrian walking trail; and WHEREAS, the City believes that the execution of these documents in furtherance of completion of the trail is in the best interest of the City of Petersburg. NOW therefore be it ORDAINED that the City Manager and City Attorney are hereby authorized and instructed to take all actions necessary in furtherance of the execution of the aforementioned grant documents and Assignment and Assumption Agreement for the purpose of allowing FOLAR to access the VDOT funds for the purpose of acquiring the referenced property owned by CSX. Page 4 of 27 Page 5 of 27 Page 6 of 27 Page 7 of 27 Page 8 of 27 Page 9 of 27 Page 10 of 27 Page 11 of 27 Page 12 of 27 Page 13 of 27  D up u e Ave y Bruc Page 14 of 27 R d d lR Fall Ln ie Tral i Woodpecker Rd Hic k ory el Laure ( Ash lan dtoPet ersburg ) Dupuy Ave Chesterfield Ave ur Rd La St Colonial Rd ive r Heights Ave Halloway ER Rd Patt on Park–CMAQ g ran tf or 0. 3m i le oftral ian dg ravel River parkn ig lotm i provem en t s s irecom m en dedfor f ull f un dnig . 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Warrior D VSU lls S 0.5 m ile s t Court S St ile 82 Patton in s d Ma m Park e rR 0.4 Riv St 82 gh 0.7 m i le s 81 Plum St Hi River Rd 79 80 er 78 NS Riv Ettrick/VSU 77 iles N Jones St Trail Head ou m ve t 0.3 to s ma x ett A S t Parcel 73&72–Ow n edby Dom n iion ,verbal ag reem en tt o ile th Hill S Chesterfield o Petersburg Pick n eg ot i ate lease ag reem en tw ih t loc aliti es for t ral iacc ess. m Ap p 3 t County 0. 76 s el S e ile s Haz nte ara ile s m il e Ro m 0.3 Gu an 0. 8 m un e 1.7 ND t St S Jo 75A St rce lop me St 71 0.8 mi 0. 4 m il e s m ne s le Co St s 75 St Ferndale Trail runs beneath 74 Parcels 77- 80–Ow n edSb ty FOLAR ( acqui red ni 2019by e Park Fernd the bridge. 72 73 V OFf un ds w ih tf ull Wydth ue di lig en ce process).CMAQ g ran t 1.2 miles for 0.33t ralipaviWn g an d mi provi n g areabetw een exi stnig 71A North Dr k St bridg es is recom m en dedf or full fun dn ig d Doc ale R Dinwiddie 73 e Rawlings Ln Lee Blvd Av County Mill R Parcel 7A6 v–e Ow n edbydahle n te Bat t erseaFoun dat ion w ih t easem en t d mar en tun derFd aeem agLr r eevelo pm en tw ih t FOLARan d h te Cityf or h te tralian d r R publicac cess.Needs t ralipavi n g an dst orm w ater outf all m i provem en t. d ve Ri t Rd Eas eby CSX.FOLAR aw ardedg ran t Fu Fe t Parcel 75–Ow tn Av ed sf rom V LCF& a rnd nS r cha ase.Li lm a le gto V OFf or pur Stu kely parcel m ap s in otcorrectan dGreen w ood Rd hin Was ir rC ow n s east ern m ostacre an di swi lli ng t osell (n icludnig 75a) .Trali n eeds pavi n g an dstorm w at er out fall m i provem en t. t xS Sa S We kd St W Roc ver Hal Ha Car ifa al va st S E Fl lif ko ge t Rd rd D ale R t h oyd S Youngs Rd e ec x Sev Hill rcha Co Be ax t ve S St Boy over St SO Han d dton nth St York St Plan Ave St rS t k Rd E r d ar James Rd t S Valor Dr ol n S t Ave Ce Linc Gran Ln Proposed Appomattox River Trail Existing Appomattox River Trail Owned by CSX Appomattox River Trail 0 0. 25 Public Ownership Owned by Battersea Foundation Ownership of trail alignment through Owned by Dominion Owned by FOLAR Petersburg & Dinwiddie Mi les  STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects Project Number UPC Local Government 0000-123-324 120666 City of Petersburg THIS AGREEMENT, made and executed in triplicate this ____ day of _______________, 20__, by and between the CITY of PETERSBURG, Virginia, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the “Parties”. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as the Project; and WHEREAS, the funds shown in Appendix A have been allocated to finance each Project; and WHEREAS, the LOCALITY is committed to the development and delivery of each Project described in Appendix A in an expeditious manner; and; WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: 1. The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, and Commonwealth Transportation Board and DEPARTMENT policies and as identified in Appendix A to this Agreement. Noncompliance with this requirement can result in deallocation of the funding, rescinding of state funding match, termination of this Agreement, or DEPARTMENT denial of future requests to administer projects by the LOCALITY. Page 15 of 27  Federal Aid Project Administration Agreement Locality: City of Petersburg Project Number: 0000-123-324, UPC 120666 c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, and construction phases of each Project. d. Administer the project(s) in accordance with guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of each Project’s development and documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for no less than three (3) years following acceptance of the final voucher on each Project. f. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and an up-to-date project summary and schedule tracking payment requests and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the LOCALITY. For federally funded projects and pursuant to 2 CFR 200.338, Remedies for Noncompliance, violations of the provision may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, federally funded Project expenditures incurred are not reimbursed by the Federal Highway Administration (FHWA), or reimbursements are required to be returned to the FHWA, or in the event the reimbursement provisions of Section 33.2-214 or Section 33.2-331 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement. h. On Projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY’s match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, or local laws and regulations. Failure to fulfill legal obligations associated with the project may result in forfeiture of federal or state-aid reimbursements j. Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all federal, state, and local laws and regulations. If the LOCALITY expends over $750,000 annually in federal funding, such certification shall include a copy of OAG Approved 6/18/2012; Revised 2/5/2015 2 Page 16 of 27  Federal Aid Project Administration Agreement Locality: City of Petersburg Project Number: 0000-123-324, UPC 120666 the LOCALITY’s single program audit in accordance with 2 CFR 200.501, Audit Requirements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. l. For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of 1964, regulations of the United States Department of Transportation (USDOT), Presidential Executive Orders and the Code of Virginia relative to nondiscrimination; and as a sub-recipient of federal funds, adopt and operate under the DEPARTMENT’s FHWA-approved Disadvantaged Business Enterprise (DBE) Program Plan in accordance with 49 CFR Part 26. 2. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 1.f., reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY’s share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY’s Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. OAG Approved 6/18/2012; Revised 2/5/2015 3 Page 17 of 27  Federal Aid Project Administration Agreement Locality: City of Petersburg Project Number: 0000-123-324, UPC 120666 3. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project-specific requirements agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT’s agent for the purpose of conducting survey work pursuant to Section 33.2-1011 of the Code of Virginia, 1950, as amended. 5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project is anticipated to exceed the allocation shown for such respective Project on Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its costs exceed the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY’s or the Commonwealth of Virginia’s sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement. The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. OAG Approved 6/18/2012; Revised 2/5/2015 4 Page 18 of 27  Federal Aid Project Administration Agreement Locality: City of Petersburg Project Number: 0000-123-324, UPC 120666 9. This Agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 1.f, 1.g., and 2.b, subject to the limitations established in this Agreement and Appendix A. Upon termination, the DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. 10. Prior to any action pursuant to paragraphs 1.b or 1.g of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the breach of agreement provisions. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. OAG Approved 6/18/2012; Revised 2/5/2015 5 Page 19 of 27  Federal Aid Project Administration Agreement Locality: City of Petersburg Project Number: 0000-123-324, UPC 120666 IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written. CITY OF PETERSBURG, VIRGINIA: _____________________________________ _____________________________________ Typed or printed name of signatory ________________________________________________________________ Title Date ________________________________________________________________ Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: ________________________________________________________________ Chief of Policy Date Commonwealth of Virginia Department of Transportation ________________________________________________________________ Signature of Witness Date Attachments Appendix A (UPC 120666) OAG Approved 6/18/2012; Revised 2/5/2015 6 Page 20 of 27 Appendix A Date: 1/7/2022 Project Number: 0000-123-324 UPC: 120666 CFDA # 20.205 Locality: City of Petersburg Project Location ZIP+4: 23803-3068 Locality DUNS # 066004375 Locality Address (incl ZIP+4): 135 Union Street Petersburg, VA 23803-3267 Project Narrative Work Description: #FLT - Right of Way Petersburg From: 8 acres riverfront To: Appomattox River Trail Locality Project Manager Contact info: Andrew J. Barnes, P.E. 804-586-0500 abarnes@petersburg-va.org Department Project Coordinator Contact Info: James Maiden 804-381-1047 james.maiden@vdot.virginia.gov Project Estimates Preliminary Engineering Right of Way and Utilities Construction Total Estimated Cost Estimated Locality Project Expenses $0 $197,500 $0 $197,500 Estimated VDOT Project Expenses $0 $2,500 $0 $2,500 Estimated Total Project Costs $0 $200,000 $0 $200,000 Project Cost and Reimbursement Maximum Estimated Reimbursement Funds type Local % Participation Reimbursement to Locality Phase Estimated Project Costs (Choose from drop down Local Share Amount for Funds Type (Estimated Cost - Local (Max. Reimbursement - Est. box) Share) VDOT Expenses) Preliminary Engineering 0% $0 $0 0% $0 $0 $0 Total PE $0 0% $0 $0 $0 Right of Way & Utilities $200,000 Safety Incentive Funds 0% $0 $200,000 $0 $0 Total RW $200,000 0% $0 $200,000 $197,500 Construction 0% $0 $0 0% $0 $0 Total CN $0 0% $0 $0 $0 Total Estimated Cost $200,000 $0 $0 $200,000 $197,500 Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $200,000 Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $197,500 Project Financing Aggregate Allocations Safety Incentive Funds $200,000 $200,000 Program and Project Specific Funding Requirements ● This Project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Urban Manual. ● This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $200,000 ● Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program. This attachment is certified and made an official attachment to this document by the parties to this agreement. Authorized Locality Official Date Authorized VDOT Official Date Typed or printed name of person signing Typed or printed name of person signing Revised: February 1, 2019 Page 21 of 27  ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”), is executed as of the ______ day of ________________, ______, by and between CITY OF PETERSBURG, VIRGINIA (“Assignor”), and FRIENDS OF THE LOWER APPOMATTOX RIVER, INC., a Virginia nonprofit corporation (“Assignee”). RECITALS: WHEREAS, Assignor, and ___________________________ (“Department”) have entered into that certain Standard Project Administration Agreement dated as of ________________ _________, _______ (the “Agreement”) a copy of which is attached hereto as Exhibit A, for the administration of certain work set forth in Appendix A of the Agreement, which includes a grant from the Department to facilitate the acquisition of property owned by CSX Transportation, or a related entity (the “Project”). WHEREAS, Assignor and Assignee are parties to that certain Memorandum of Understanding dated ___________________ _____, 2019 (the “MOU”) a copy of which is attached hereto as Exhibit B, whereby Assignor and Assignee expressed their intent to work together in accordance with certain actions set forth in the MOU in order to address issues relating to public access to Petersburg Project Parcels (as defined in the MOU) and the development, operation and maintenance of the Petersburg Projects (as defined in the MOU) in accordance with the Plan (as defined in the MOU). WHEREAS, Assignor and Assignee desire to enter into this Assignment to, among other things, evidence Assignor’s assignment of its right, title and interest in the Agreement to Assignee and to evidence Assignee’s assumption of Assignor’s obligations and liabilities under the Agreement. WHEREAS, Assignor and Assignee acknowledge that the execution and consummation of this Assignment will further purposes of the MOU. AGREEMENTS: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignment of Agreement. Assignor hereby assigns and transfers to Assignee all of Assignor’s rights, title, claim and interest in and to the Agreement, the Project, and all sums to be paid to Assignor or deposited with Assignor, if any, in connection with the Agreement. Assignor shall deposit with Assignee all sums received by Assignor from the Department within thirty (30) days of receipt of such funds. As part of the Project and this Assignment, Assignor will pass the funds received by the Department in connection with the Project and the Agreement through to Assignee who will be responsible for the acquisition of the property subject to the Agreement. Assignee, in partnership with Assignor (as set forth in the MOU), would improve the property and maintain the trail located on the property. 2. Assumption. Assignee hereby acknowledges and agrees to all of the terms of the 122191456v3 Page 22 of 27 Agreement and accepts the foregoing assignment and assumes any and all obligations and liabilities of Assignor under the Agreement, in accordance with the terms thereof. 3. Binding Agreement. This Assignment shall be binding upon, and inure to the benefit of, the parties to this Assignment, and their respective heirs, legal representatives, successors and assigns. In the event that the property subject to this Assignment is no longer used as a public trail, the Assignor shall have a right of first refusal to purchase the property from Assignee for $1.00. The parties agree that $1.00 shall constitute valuable consideration. 4. Counterparts. This Assignment may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. Facsimile and electronically transmitted signatures shall for all purposes be treated as originals. [Signature Page Follows] 122191456v3 Page 23 of 27  ASSIGNOR: CITY OF PETERSBURG, VIRGINIA By: Name: __________________________________ Title: ___________________________________ ASSIGNEE: FRIENDS OF THE LOWER APPOMATTOX RIVER, INC., a Virginia nonprofit corporation By: ____________________________________ Name: __________________________________ Title: ___________________________________ [Signature Page to Assignment and Assumption Agreement] 122191456v3 Page 24 of 27  Exhibit A 122191456v3 Page 25 of 27  3.a. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: January 12, 2022 TO: The Honorable Mayor and Members of City Council THROUGH: Stuart Turille, City Manager FROM: Margo Hardy RE: Consideration of approving a resolution for an MOU supporting the OAG Gun Violence Prevention Program. PURPOSE: The purpose of the OAG Gun Violence Prevention Program (OAG GVP) is to support community-based gun violence prevention initiatives REASON: RECOMMENDATION: Recommend City Council to approve the resolution for the MOU spporting the OAG Gun Violence Prevention Program. BACKGROUND: On August 9, 2021, the OAG was allocated $2.5 million in American Rescue Plan Act (ARPA) funding through the Virginia General Assembly to address community-based gun violence prevention programming. The OAG has designated a portion of these funds to support the implementation of data- informed strategies that will result in reduced gun violence in local communities disproportionally affected by gun violence. The Department will use the funds for community-based gun violence prevention activities. Programming will be developed utilizing the findings of the locality’s Youth and Gang Violence Community Assessment (YGCA) currently being funded through the VA Department of Criminal Justice Services (DCJS) and will reflect either new program implementation or existing program enhancement. The Department assures that funds received from the OAG will be used strictly to support data-informed violence reduction initiatives and programming. Within three months of the completion of the YGCA, a project overview, itemized budget and budget narrative will be submitted to the OAG for approval. The Department agrees that no substitutions or modifications shall be made to fulfill the Department's proposal without prior approval by the OAG. COST TO CITY: BUDGETED ITEM: REVENUE TO CITY: Page 26 of 27 CITY COUNCIL HEARING DATE: 1/12/2022 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: AFFECTED AGENCIES: RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: REQUIRED CHANGES TO WORK PROGRAMS: ATTACHMENTS: None Page 27 of 27